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(영문) 청주지방법원 2016.10.27 2016고단1714
강제추행
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 16:30 on July 4, 2016, the Defendant, at the bus stops in front of C elementary school located in Cheongju-si, Cheongju-si, Cheongju-si, taken the sexual flag into consideration, followed by the victim D (one-nine years old), who sited in the event at the bus stops, and passed by the victim, etc., with the sexual intercourse, and continued to put the victim's her her her her her son around the her part.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made by the police in relation to D;

1. Application of the Acts and subordinate statutes to photograph CCTV images;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The contents and degree of an indecent act committed on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order, the details of the indecent act, the background leading to the indecent act, the agreement with the victim, the initial offender, and the strong reflectivity, etc. shall be equally considered in determining the same sentence as the order.

When a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant shall become a person subject to registration of personal information pursuant to Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obliged to submit personal information to the competent agency as prescribed in Article 43

Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims thereof, etc.

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